Appeal 2007-0625
Application 09/969,299
KSR Int’l, 127 S. Ct. at 1742, 82 USPQ2d at 1397 (“A person of ordinary
skill is also a person of ordinary creativity, not an automaton.”). This is
particularly true, given the state of tampon art, as reflected in the
Background section of Brown-Skrobot (cols. 1-6).
CONCLUSION
We reverse the Examiner’s 35 U.S.C. § 102(b) rejection with respect
to all the pending claims. We affirm the Examiner’s 35 U.S.C. § 103(a)
rejection of claim 1. Pursuant to § 41.37(c)(1)(vii)(2006), we also affirm the
§ 103(a) rejection of claims 4-6, 10, 16-21, 23-46, 48-60, 62-78, 80-89, 91-
101, and 103-106, as these claims were not argued separately.
No time period for taking any subsequent action in connection with
this appeal may be extended under 37 C.F.R. § 1.136(a)(1)(iv)(2006).
AFFIRMED
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